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The Commercial Appropriation of Personality

$72.00 (C)

Part of Cambridge Intellectual Property and Information Law

  • Date Published: February 2008
  • availability: Available
  • format: Paperback
  • isbn: 9780521052528

$ 72.00 (C)

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About the Authors
  • Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.

    • Analyses the disparate strands of the problem of commercial appropriation of personality which affects both intellectual property rights and personal dignity
    • Detailed critical analysis of the leading cases in English, Canadian and Australian law with comparative references to the United States
    • Explores the question whether attributes of personality can be protected alongside other intellectual property rights and whether there is a coherent justification for such a right
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    Reviews & endorsements

    'The book is useful for any student of the law, for academics and judges, as well as for practitioners, including the generalist or even the specialist in another field. Its value lies beyond the insight it provides into this interesting, specialist, developing area of the law. It is a blueprint for the study of any area of common law that is being radically adapted and developed to meet new technological, economic and cultural changes.' Entertainment Law Review

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    Product details

    • Date Published: February 2008
    • format: Paperback
    • isbn: 9780521052528
    • length: 404 pages
    • dimensions: 229 x 152 x 23 mm
    • weight: 0.59kg
    • availability: Available
  • Table of Contents

    Table of cases
    Table of statutes
    Part I. A Framework:
    1. The problem of appropriation of personality
    Part II. Economic Interests and the Law of Unfair Competition:
    2. Introduction
    3. Statutory and extra-legal remedies
    4. Goodwill in personality: the tort of passing off in English and Australian law
    5. Unfair competition and the doctrine of misappropriation
    Part III. Dignitary Interests:
    6. Introduction
    7. Privacy and publicity in the United States
    8. Privacy interests in English law
    9. Interests in reputation
    Part IV. Pervasive Problems:
    10. Property in personality
    11. Justifying a remedy for appropriation of personality
    Part V. Conclusions:
    12. The autonomy of appropriation of personality

  • Author

    Huw Beverley-Smith, King's College London
    Huw Beverley-Smith was formerly Lecturer in Law in the Department of Law, University of Wales, and Visiting Research Fellow at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich.

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